Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

Full story

Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

Full story

Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’ – Cloisters

Posted February 22nd, 2017 in care orders, children, family courts, gender, news, social services, transgender persons by sally

‘This is part two of a two-part series on trans rights from leading equality and human rights barrister Claire McCann at Cloisters. Part one explores toilets and gender identity.’

Full story

Cloisters, 14th February 2017

Source: www.cloisters.com

Family Court proceedings: gender reassignment and ultra-orthodox Judaism – Cloisters

‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’

Full story

Cloisters, 1st February 2017

Source: www.cloisters.com

How is the PLO working? What is its impact on court process and outcome? – Family Law Week

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

Full story

Family Law Week, 17th February 2017

Source: www.familylawweek.co.uk

Don’t use dyslexia as an excuse, judge tells ‘bully’ businessman in divorce case as he says ‘even Albert Einstein had dyslexia’ – Daily Telegraph

Posted February 22nd, 2017 in autism, divorce, dyslexia, family courts, judges, news, private hearings by sally

‘A businessman embroiled in a bitter divorce case with his estranged wife has been criticised by a judge for using his dyslexia as an excuse, telling him “even Einstein had dyslexia”.’

Full story

Daily Telegraph, 21st February 2017

Source: www.telegraph.co.uk

Family judge condemns 2,000-page bundle – Law Society’s Gazette

‘A family judge has expressed his disapproval at the ‘unwarranted expenditure’ in a case where a local authority breached Article 8 rights under the European Convention on Human Rights by taking an infant into care.’

Full story

Law Society’s Gazette, 17th February 2017

Source: www.lawgazette.co.uk

Mother who let her two boys sleep in her bed has them taken away by judge – Daily Telegraph

Posted February 13th, 2017 in adoption, children, family courts, news, private hearings, social services by sally

‘A mother who allowed her two children to sleep in her bed has had them taken away from her by a family court judge after social workers raised concerns.’

Full story

Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

Violent abusers to be prevented from cross-examining ex-partners in court – The Guardian

‘Domestic violence victims will no longer face the threat of being interrogated by their former partners in court under proposed legislation.’

Full story

The Guardian, 12th February 2017

Source: www.guardian.co.uk

‘Conned trying to get my children back’ – BBC News

Posted February 13th, 2017 in custody, family courts, fees, Law Society, McKenzie friends, news by sally

‘Two parents fighting legal battles for custody of their children paid thousands of pounds to a company providing “McKenzie friends” – people with no legal training who assist in court. But they were badly let down.’

Full story

BBC News, 13th February 2017

Source: www.bbc.co.uk

Divorced parents who pit children against former partners ‘guilty of abuse’ – Daily Telegraph

Posted February 13th, 2017 in child abuse, children, divorce, family courts, news by sally

‘Divorced parents who “brainwash” their children against ex-partners are guilty of “abuse”, the head of the agency that looks after youngsters’ interests in family courts has said.’

Full story

Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

DB v PB: a reminder of potential effect of maintenance agreements – Family Law Week

‘Michael Allum, Solicitor with The International Family Law Group LLP, considers the implications of maintenance agreements in financial remedies cases.’

Full story

Family Law Week, 3rd February 2017

Source: www.familylawweek.co.uk

The Electronic Divorce Filing Pilot: An opportunity missed or a new horizon opening up? – Family Law Week

‘Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.’

Full story

Family Law Week, 7th February 2017

Source: www.familylawweek.co.uk

Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm – Courts and Tribunals Judiciary

‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’

Full report

Courts and Tribunals Judiciary, 20th January 2017

Source: www.judiciary.gov.uk

The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

Full story

Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk

Munby: video-links in family courts ‘a disgrace’ – Law Society’s Gazette

Posted January 24th, 2017 in courts, evidence, family courts, judges, news, victims, video recordings, witnesses by sally

‘The president of the Family Division has berated the state of equipment in family courts, including his own court in London’s Royal Courts of Justice.’

Full story

Law Society’s Gazette, 23rd January 2017

Source: www.lawgazette.co.uk

UK judges change court rules on child contact for violent fathers – The Guardian

‘Senior judges are taking steps to end the presumption that a father must have contact with a child where there is evidence of domestic abuse that would put the child or mother at risk.’

Full story

The Guardian, 20th January 2017

Source: www.guardian.co.uk

Practice guidance: Family Court – Duration of Ex Parte (Without Notice) Orders – Courts and Tribunals Judiciary

Posted January 19th, 2017 in courts, family courts, practice directions, press releases, time limits by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 18 January 2017.’

Full guidance

Courts and Tribunals Judiciary, 17th January 2017

Source: www.judiciary.gov.uk

Truss orders review to ban abusers tormenting victims in family courts – The Guardian

‘The Justice Secretary has set up an emergency review to find the quickest way to ban perpetrators of domestic abuse from directly cross-examining their victims within the family court system.’

Full story

The Guardian, 4th January 2017

Source: www.guardian.co.uk

Statement from the President of the Family Division, Sir James Munby: Cross-examination of vulnerable people – Courts and Tribunals Judiciary

Posted January 4th, 2017 in cross-examination, family courts, press releases, victims, witnesses by tracey

‘I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.’

Full statement

Courts and Tribunals Judiciary, 30th December 2016

Source: www.judiciary.gov.uk